Authority and Legitimacy of Environmental Post-treaty Rules PDF Download

Author: Tim Staal
Publisher:
ISBN: 9781509925599
Category :
Languages : en
Pages : 328

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Book Description
"In the international law of the 21st century, more and more regulation comes in the form of post-treaty rules. Developed in environmental law, this trend increasingly spreads to areas ranging from tobacco regulation to arms trade. This book offers the first systematic examination of these decisions, resolutions and recommendations adopted by treaty bodies, to assess their effectiveness. The study shows that the authority of such rules is in question as, in practice, treaty parties retain almost complete discretion when it comes to their implementation. This conclusion gives rise to two key questions. To what extent does this ambiguous authority affect adherence to procedural principles like legal certainty, non-arbitrariness and the duty to state reasons? And can the legitimacy of the process and content of post-treaty rules fill the gaps in their authority? In assessing these questions, the study shines a light on this crucial but neglected area in international law scholarship and forms a starting point for improvements and reform."--Bloomsbury Publishing.

Author: Tim Staal
Publisher: Bloomsbury Publishing
ISBN: 1509925589
Category : Law
Languages : en
Pages : 288

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Book Description
In the international law of the 21st century, more and more regulation comes in the form of post-treaty rules. Developed in environmental law, this trend increasingly spreads to areas ranging from tobacco regulation to arms trade. This book offers the first systematic examination of these decisions, resolutions and recommendations adopted by treaty bodies, to assess their effectiveness. The study shows that the authority of such rules is in question as, in practice, treaty parties retain almost complete discretion when it comes to their implementation. This conclusion gives rise to two key questions. To what extent does this ambiguous authority affect adherence to procedural principles like legal certainty, non-arbitrariness and the duty to state reasons? And can the legitimacy of the process and content of post-treaty rules fill the gaps in their authority? In assessing these questions, the study shines a light on this crucial but neglected area in international law scholarship and forms a starting point for improvements and reform.

Author: Birgit Hollaus
Publisher: Edward Elgar Publishing
ISBN: 1035302608
Category : Law
Languages : en
Pages : 333

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Book Description
Prompted by recent events in the EU’s international environmental cooperation, this thought-provoking book explores the establishment and use of multilateral environmental compliance mechanisms as part of the EU’s external environmental action. Expanding upon current discussions in external relations law, this timely book uses a doctrinal approach to analyse EU engagement with this key instrument of treaty-based international environmental governance.

Author: Jutta Brunnée
Publisher: BRILL
ISBN: 9004444386
Category : Law
Languages : en
Pages : 240

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Book Description
The interplay between procedure and substance has not been a major point of contention for international environmental lawyers. Arguably, the topic’s low profile is due to the mostly uncontroversial nature of the field’s distinction between procedural and substantive obligations. Furthermore, the vast majority of environmental law scholars and practitioners have tended to welcome the procedural features of multilateral environmental agreements and their potential to promote regime evolution and effectiveness. However, recent developments have served to put the spotlight on certain aspects of the procedure substance topic. ICJ judgments revealed ambiguity on aspects of the customary law framework on transboundary harm prevention that the field had thought largely settled. In turn, in the treaty context, the Paris Agreement’s retreat from binding emissions targets and its decisive turn towards procedure reignited concerns in some quarters over the “proceduralization” of international environmental law. The two developments invite a closer look at the respective roles of, and the relationship between, procedure and substance in this field and, more specifically, in the context of harm prevention under customary and treaty law.

Author: Duncan B. Hollis
Publisher: Oxford University Press
ISBN: 0192587749
Category : Law
Languages : en
Pages : 897

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Book Description
The Oxford Guide to Treaties is the authoritative reference point for anyone studying or involved in the creation or interpretation of treaties and other forms of international agreement. For centuries, treaties have regulated relations among nation states. Today, they are the dominant source of international law. From trade relations to greenhouse gases, from shipwrecks to cybercrime, treaties structure the rights and obligations of states, international organizations, and individuals. Being adept with treaties and international agreements is thus an indispensable skill for anyone engaged in international relations, including international lawyers, diplomats, international organization officials, and representatives of non-governmental organizations. This second edition of the award-winning volume from Professor Duncan B. Hollis provides a comprehensive guide to treaties, shedding light on the rules and practices surrounding the making, interpretation, and operation of these instruments. Foundational issues are covered, from defining treaties and their alternatives, to examining current theorizations about the treaty in international law. Chapters review specific stages in the treaty's life-cycle, including formation, application, interpretation, and exit. Special issues associated with treaties involving the European Union and other international organizations are also included. A section sampling over four hundred actual treaty clauses complements these scholarly treatments. These real examples help illustrate different approaches treaty-makers can take on topics such as entry into force, languages, reservations, and amendments.

Author: Janne E. Nijman
Publisher: Springer Nature
ISBN: 9462653313
Category : Law
Languages : en
Pages : 309

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Book Description
This volume of the Netherlands Yearbook of International Law explores the many faces of populism, and the different manifestations of the relationship between populism and international law. Rather than taking the so-called populist backlash against globalisation, international law and governance at face value, this volume aims to dig deeper and wonders ‘What backlash are we talking about, really?’. While populism is contextual and contingent on the society in which it arises and its relationship with international law and institutions thus has differed likewise, this volume assists in our examination of what we find so dangerous about populism and problematic in its relationship with international law. The Netherlands Yearbook of International Law was first published in 1970. It offers a forum for the publication of scholarly articles in a varying thematic area of public international law./div

Author: Rüdiger Wolfrum
Publisher: Springer Science & Business Media
ISBN: 3540777644
Category : Law
Languages : en
Pages : 423

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Book Description
There has been intense debate in recent times over the legitimacy or otherwise of international law. This book contains fresh perspectives on these questions, offered at an international and interdisciplinary conference hosted by the Max Planck Institute for Comparative Law and International Law. At issue are questions including, for example, whether international law lacks legitimacy in general and whether international law or a part of it has yielded to the facts of power.

Author: Noel Cox
Publisher: Routledge
ISBN: 1351895753
Category : Law
Languages : en
Pages : 254

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Book Description
The advent of the knowledge economy and society has made it increasingly necessary for law reformers and policy makers to take account of the effects of technology upon the law and upon legal and political processes. This book explores aspects of technology's relationship with law and government, and in particular the effects changing technology has had on constitutional structures and upon business. Part I examines the legal normative influence of constitutional structures and political theories. It focuses on the interrelationship between laws and legal procedure with technology and the effect technology can have on the legal environment. Part II discusses the relationship between government and technology both at the national and international level. The author argues that technology must be contextualized within a constitution and draws on historical and contemporary examples to illustrate how technology has both shaped civilizations and been the product of its political and constitutional environment.

Author: Sikina Jinnah
Publisher: MIT Press
ISBN: 0262325365
Category : Political Science
Languages : en
Pages : 267

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Book Description
An argument that secretariats—the administrative arms of international treaties—are political actors in their own right. Secretariats—the administrative arms of international treaties—-would seem simply to do the bidding of member states. And yet, Sikina Jinnah argues in Post-Treaty Politics, secretariats can play an important role in world politics. On paper, secretariats collect information, communicate with state actors, and coordinate diplomatic activity. In practice, they do much more. As Jinnah shows, they can influence the allocation of resources, structures of interstate cooperation, and the power relationships between states. Jinnah examines secretariat influence through the lens of overlap management in environmental governance—how secretariats help to manage the dense interplay of issues, rules, and norms between international treaty regimes. Through four case studies, she shows that secretariats can draw on their unique networks and expertise to handle the challenges of overlap management, emerging as political actors in their own right. After presenting a theory and analytical framework for analyzing secretariat influence, Jinnah examines secretariat influence on overlap management within the Convention on Biological Diversity (CBD), two cases of overlap management in the World Trade Organization, as well as a case in which the Convention on International Trade in Endangered Species (CITES) secretariat failed to influence political outcomes despite its efforts to manage overlap. Jinnah argues that, even when modest, secretariat influence matters because it can establish a path-dependent dynamic that continues to guide state behavior even after secretariat influence has waned.

Author: Daniel Klein
Publisher: Oxford University Press
ISBN: 0192506366
Category : Law
Languages : en
Pages : 328

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Book Description
The most important climate agreement in history, the Paris Agreement on Climate Change represents the commitment of the nations of the world to address and curb climate change. Signed in December 2015, it entered into force on 4th November 2016. Countries are moving into implementation, and efforts at all levels will be needed to fulfill its ambitious goals. The Paris Climate Agreement: Commentary and Analysis combines a comprehensive legal appraisal and critique of the new Agreement with a practical and structured commentary to all its Articles. Part I discusses the general context for the Paris Agreement, detailing the scientific, political, and social drivers behind it, providing an overview of the pre-existing regime, and tracking the history of the negotiations. It examines the evolution of key concepts such as common but differentiated responsibilities, and analyses the legal form of the Agreement and the nature of its provisions. Part II comprises individual chapters on each Article of the Agreement, with detailed commentary of the provisions which highlights central aspects from the negotiating history and the legal nature of the obligations. It describes the institutional arrangements and considerations for national implementation, providing practical advice and prospects for future development. Part III reflects on the Paris Agreement as a whole: its strengths and weaknesses, its potential for further development, and its relationship with other areas of public international law and governance. The book is an invaluable resource for academics and practitioners, policy makers, and actors in the private sector and civil society, as they negotiate the implementation of the Agreement in domestic law and policy.